WARIS RASHI KIDWAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Waris Rasheed Kidwai, the petitioner, has filed this public interest writ petition challenging the mode and manner of appointment to the post of Chairman and Managing Director (CMD) of Minerals & Metals Trading Corporation (MMTC). He seeks quashing of the panel constituted for the said post pursuant to interviews held on 31st July 1997 and the proposed appointment of Mr. S.D. Kapoor, Respondent No.4.

(2.) The petitioner is stated to be Secretary General of Standing Conference of Public Enterprises (SCOPE), an Apex Body of Public Sector Enterprises to promote the interest of Public Sector and advise the Government on formulation of policies regarding the management of Public Sector and to help the public enterprises in achieving professional excellence. The petitioner claims that with his efforts the SCOPE has become a member of the International Organisation of the Employers in Geneva, an affiliated body of ILO and he was member of Indian delegation to ILO in each of the years from 1982 to 1992 and was elected Chairman of Committee on professional works set up by ILO. It is also claimed that the petitioner is a founder member of FORE, a premier body on management education in India, Indian Institute of Industrial Studies and also of Executive Board of Delhi School of Business and is stated to have written various books and articles on the subject. Petitioner claims that he is actively interested in proper functioning of public sector institutions and in proper utilisation of funds invested by the Government in public sectors and in improving the image of public sector undertakings both in India and abroad since he has been working for it for nearly 30 years for the cause of public sector and, therefore, has filed this petition in public interest.

(3.) It appears that the post of CMD fell vacant in May 1977 on retirement of then CMD S.N. Malik. The procedure for filling the said post is that Public Enterprises Selection Board (PESB) lays down job descriptions, qualifications and experience for eligible candidates, shortlists candidates out of the eligible officers of the company other than public sector undertakings, organised services and private sector, holds interviews and makes a panel of candidates selected as suitable for the posts and forward the same to the concerned Ministry for processing the case for approval of Appointments Committee of the Cabinet (ACC). The concerned Ministry processes the case, obtains vigilance clearance, obtains the views of the concerned Minister and forward the proposal to Establishment Officer, Ministry of Personnel, Public Grievances and Pension, who is the Secretary of ACC for obtaining and conveying the ACC decision on the proposal. The ACC comprises the Prime Minister, the Home Minister and the Minister Incharge of the concerned Ministry, Ministry of Commerce in the present case. According to the affidavit filed on behalf of the Union of India the Secretary, ACC, submits the proposal to the Home Minister and the Prime Minister through the Cabinet Secretary and the decision is finally approved/taken at the level of the Prime Minister and is conveyed to the Ministry concerned by the Secretary, ACC.